Recently, the Supreme Court of India rejected a petition challenging the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 which provides for the disposal of review petitions by circulation without any oral arguments.
While giving reference to the P N Eswara, the division, bench of CJI DY Chandrachud and Justice P S Narasimha observed.
In P N Eswara Iyer, the challenge was against the provisions of Supreme Court Rules 1966 which provided for the disposal of review petitions by circulation without oral arguments.
While rejecting the challenge, the Supreme Court had observed that the provision is designed to remove the evil of reckless reviews by the introduction of preliminary judicial screening in circulation replacing counsel's certification. If the review petition and written submissions convinced the court prima facie that material error had marred the justice or legality of the earlier judgment or order, the case would be posted for an oral hearing in court, it was observed.
Review petitions are generally considered in chambers; oral hearings in open court are allowed only if the bench passes a specific order allowing it.
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